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2025 DAILYLAW 24579 (GAU)

SRI SONEN GOYERY AND 4 ORS v. THE STATE OF ASSAM AND 6 ORS

I.A.(Civil)/3192/2025 · 2025-10-26

Kalyan Rai Surana, Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/4 GAHC010217182025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3192/2025 SRI SONEN GOYERY AND 4 ORS SON OF - SRI THANEN GAYARY, RESIDENT OF - VILLAGE- PUB KACHUKATA, P.O.- KACHUKATA, P.S.- TAMULPUR, DISTRICT- BAKSA, BTR, ASSAM ASSTT. TEACHER OF UTTAR HARISINGA L.P. SCHOOL 2: SRI RUPAK CH KALITA SON OF - LATE GAJEN CH. KALITA RESIDENT OF - VILLAGE- DOWAMAKHA P.O.- LATIBARI P.S.- TAMULPUR DISTRICT- BAKSA BTR ASSAM ASSTT. TEACHER OF BHANGABARUA L.P. SCHOOL. 3: SRI DIGANTA TALUKDAR SON OF - LATE MOHAN TALUKDAR RESIDENT OF - VILLAGE- BAREGAON P.O.- TAMULPUR P.S.- TAMULPUR DISTRICT- BAKSA BTR ASSAM ASSTT. TEACHER OF KALAIGAON TOWN L.P. SCHOOL 4: SRI MRITUNJAY DAS SON OF - LATE RAJENDRA CH. DAS RESIDENT OF - VILLAGE- BARI MAKHA P.O.- LATIBARI P.S.- TAMULPUR DISTRICT- BAKSA BTR ASSAM ASSTT. TEACHER OF KHOKHABASTI TIKLUCHUBA L.P. SCHOOL. 5: SRI AMULLYA DEKA YEARS SON OF - LATE UPEN DEKA RESIDENT OF - VILLAGE- KALCHENI Page No.# 2/4 P.O.- KALCHENI P.S.- TAMULPUR DISTRICT-- BAKSA BTR ASSAM ASSISTANT TEACHER ROWMARI L.P. SCHOO VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, DISPUR, GUWAHATI781006. 2:THE BODOLAND TERRITORIAL COUNCIL BTC REPRESENTED BY THE PRINCIPAL SECRETARY BTC KOKRAJHAR ASSAM. PIN- 783370. 3:THE JOINT SECRETARY BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM. 4:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR TOWN DISTRICT- KOKRAJHAR ASSAM. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER BAKSA TAMULPUR ASSAM.. 6:THE BLOCK ELEMENTARY EDUCATION OFFICER BAKSA TAMULPUR ASSAM. 7:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE,SC, BTC Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 27.10.2025 (K.R Surana, J) Heard Mr. S.K.Goswami, learned counsel for the applicants. Also heard Mr. B. Deka, learned standing counsel, respondent no.1 and Mr. M.K. Das, learned standing counsel, BTC, respondent nos. 2 to 6. Mr. A. Chaliha, learned standing counsel for the Finance Department representing respondent no. 7. 2. By filing this interlocutory application under Section 5 of the Limitation Act, the applicants are seeking condonation of delay of 35 days beyond the period of limitation in filing the connected appeal which is directed against the judgment and order dated 14.07.2025 passed by the learned Single Judge in W.P. (C)/5176/2016 and W.P.(C)/124/2018. 3. The learned counsel representing the respondents have opposed this application. However, considering the explanation tendered to explain the delay of 35 days, the Court is of the considered opinion that the applicants have been able to explain the delay in approaching this Court. Resultantly, the interlocutory application is allowed and the delay of 35 days beyond the period of limitation in connection with filing of the appeal stands condoned. 4. Registry to register the connected appeal and list the same in the Admission Column. Page No.# 4/4 5. The learned counsel for the applicant shall provide extra copies of the memo of appeal to the learned counsel for the respondents. 6. The interlocutory application stands disposed of. JUDGE JUDGE Comparing Assistant